2.13 On 28 January 1994, the authors applied for a review by Canadian
Immigration, under the Post-Determination Refugee Claimant in Canada
programme (PDRCC), of the decision not to grant the authors refugee
status. The purpose of PDRCC review is to identify individuals who,
although determined not to be Convention refugees, face an objectively
identifiable risk to life or inhumane treatment should they be returned to
their country of origin.
2.14 The authors' application for PDRCC review was rejected on 9
November 1995. It was the view of the PDRCC officer that, although
there were strong grounds for the authors' fearing to return to the north of
Sri Lanka, an internal flight alternative existed in Colombo. He noted in
particular that the assault by SLA which caused the author's medical
problems had occurred near Jaffna. The arrests by the Colombo police
were part of a pattern of general harassment of Tamils by the police
which he felt did not constitute an "objectively identifiable risk", given
that most detainees were released within three days though some had been
required to pay bribes to obtain their release. He also indicated that part of
the authors' extended family lived in Colombo and could facilitate their
successful settlement in the city. In addition, the medical report indicating
that the author suffered post-traumatic stress disorder which might be
aggravated if he were to return to Sri Lanka had only been made on the
basis of one visit to a doctor rather than in the context of ongoing
treatment and was not specific concerning the conditions that could
trigger recurrence of the trauma.
2.15 The authors made a further appeal on 13 May 1995 to the Minister of
Immigration based on the Humanitarian and Compassionate Grounds
procedure under section 114 (2) of the Immigration Act. On 9 December
1996 a negative decision was issued. An application for leave to apply for
judicial review against that decision was dismissed by the Federal Court
on 11 April 1997.
The complaint
3.1 The authors fear persecution and ill-treatment from the authorities in
Sri Lanka given their past experiences and their absence from the country
since 1992. They submit that in repatriating them Canada would violate
article 3 of the Convention against Torture.
3.2 The authors provide medical evidence that the mental and physical
injuries suffered by the author while in detention have had drastic longterm effects. He has difficulties in speaking and moving his neck and
suffers symptoms of post-traumatic stress disorder (psychiatric medical
reports are provided). They submit that, given these afflictions, the author